Q: With the Felony murder rule,useing 3rd burg of unoccp struc,can they find you guilty of 1st pre med murder from a car ac
A: You are confusing the two ways in which a person can be convicted of 1st degree murder. Any degree of burglary can support a conviction for felony murder (ie. a killing which which is NOT premeditated). I assume from your question that an accident occurred during the criminal episode in which a vehicle was unlawfully taken. If so, the killing most likely occurred during the commission of an auto theft. If so, the killing would constitute 3rd degree felony murder, since auto theft is not one of the underlying felonies listed under the 1st degree felony murder statute. 3rd degree felony murder is a felony of the 2nd degree, punishable by up to 15 years in prison.
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